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Samir Agrawal v. Competition Commission of India & Ors.

Civil Appeal · 2020 INSC 700Decided 15 Dec 2020
Civil Appeal No. 3100 of 2020
Justice Rohinton Fali Nariman · Justice K.M. Joseph · Justice Krishna Murari

Background

An independent law practitioner filed information with the Competition Commission of India (CCI) alleging that Ola and Uber's algorithmic fare-pricing amounted to illegal price-fixing and resale price maintenance under the Competition Act, 2002, since drivers could not negotiate fares and were bound by app-set prices. The CCI dismissed the complaint on merits, finding no agreement or "meeting of minds" between the cab aggregators or among drivers. On appeal, the National Company Law Appellate Tribunal (NCLAT) went further and held that the informant had no "locus standi" (legal standing) to even approach the CCI in the first place, since he was not personally a consumer harmed by Ola/Uber. The informant then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that the NCLAT's narrow view of standing was wrong. It explained that the Competition Act was amended in 2007 to replace the word "complaint" with "information," deliberately widening who may approach the CCI: any person, not just someone personally aggrieved, can provide information, because competition law proceedings are "in rem" (concerning the public interest) rather than purely private disputes. The Court similarly read "person aggrieved" in the appeal provisions broadly to include an informant whose information was rejected. However, on the actual merits, the Court agreed with the concurring findings of the CCI and NCLAT that Ola and Uber's pricing algorithms did not amount to a cartel or anti-competitive agreement, since drivers acted independently of one another and there was no evidence of collusion either between the two companies or among drivers. The appeal was therefore disposed of: the informant won on the standing question but lost on the substance of the price-fixing allegation.

Lesson Learnt

Anyone, not just a direct customer or victim, can file a competition-law complaint with the CCI, because such proceedings protect the public market, not just private interests. However, simply being allowed to complain does not mean the complaint will succeed; the facts still have to show an actual anti-competitive agreement or collusion.

Official source (sci.gov.in)View Judgment (PDF)

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